Queensland: Survey and Mapping Infrastructure Act 2003 (Qld)

Survey and Mapping Infrastructure Act 2003 An Act to provide for developing, maintaining and improving the State's survey and mapping infrastructure, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Survey and Mapping Infrastructure Act 2003. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Purposes of Act (1) The main purposes of this Act are to provide for the following— (a) developing, maintaining and improving the State survey and mapping infrastructure; (b) maintaining and improving cadastral boundaries throughout the State and information held by the department about the boundaries; (c) coordinating and integrating survey and mapping information; (d) improving public access to survey and mapping information; (e) defining administrative areas, and describing and working out administrative area boundaries. (2) The purposes are to be achieved mainly by providing for the following— (a) the making of standards and guidelines for achieving an acceptable level of survey quality; (b) the obligations and powers of persons carrying out surveys; (c) the establishment and maintenance of recognised permanent survey marks; (d) the recording of survey and mapping information, including the establishment of the following State datasets— (i) the administrative area boundary dataset; (ii) the State remotely sensed image library; (iii) the State digital cadastral dataset; (iv) the survey control register. 4 Act binds all persons (1) This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth. (2) Nothing in this Act makes the Commonwealth or the State liable to be prosecuted for an offence. 5 Definitions The dictionary in the schedule defines particular words used in this Act. Part 2 Survey standards and survey guidelines 6 Survey standards (1) The chief executive may make written standards for surveying (survey standards) to achieve an acceptable level of survey quality. (2) A survey standard must— (a) be consistent with the principles, stated in a regulation, to be applied in carrying out a survey; and (b) state— (i) the area to which it applies; and (ii) the type of survey to which it applies. (3) A survey standard may be made about all or any of the following for a survey— (a) the coordinate reference framework to be used; (b) the information to be collected; (c) the information to be shown on the plan of survey, including how the information must be shown; (d) how the information and plan of survey may be given to the chief executive under this Act, including, for example, by electronic communication; (e) the accuracy level to be achieved; (f) the characteristics of the survey marks to be used; (g) particular requirements for— (i) the surveying of any tidal or non-tidal boundary; and (ii) the extent to which, and how, searchable registered, or otherwise authoritative, information held by the registrar of titles or the chief executive can be used to represent any length of a tidal or non-tidal boundary of land on the plan of survey instead of resurveying that length of the boundary; and (iii) the type and extent of information to be supplied for demonstrating consistency with the public interest under part 7; (h) another matter prescribed under a regulation for this subsection. (4) The coordinate reference framework mentioned in subsection (3)(a) must be consistent with the geodetic reference framework prescribed under a regulation for use for surveying and mapping in the State. (5) The requirements for surveying a tidal or non-tidal boundary under subsection (3)(g)(i) may include requirements about— (a) applying the ambulatory boundary principles to the tidal or non-tidal boundary; and (b) extending a right line boundary of adjoining land to the tidal or non-tidal boundary. (6) A survey standard is a statutory instrument, but is not subordinate legislation. (7) In this section— electronic communication see the Electronic Transactions (Queensland) Act 2001, schedule 2. 7 Survey guidelines (1) The chief executive may make written guidelines for surveying (survey guidelines) stating ways of complying with survey standards. (2) A survey guideline must — (a) identify the survey standard to which it applies; and (b) state the ways in which a survey may be carried out to comply with the survey standard. (3) A survey guideline is a statutory instrument, but is not subordinate legislation. 8 Consultation for survey standard or survey guideline Before making a survey standard or survey guideline, the chief executive may consult with any or all of the following— (a) the entities, including the surveyors board, considered by the chief executive as representing the interests of surveyors in the State; (b) a local government whose area is affected by the standard or guideline; (c) another entity the chief executive considers appropriate. 9 Making survey standard or survey guideline and when it takes effect (1) A survey standard and survey guideline about a matter may be combined in 1 instrument. (2) A survey standard or survey guideline takes effect— (a) on the day it is first published under section 10(1); or (b) if a later day is stated in the survey standard or survey guideline—on the later day. (3) A survey standard must be tabled in the Legislative Assembly within 14 sitting days after it is published under section 10(1). (4) If a survey standard is not tabled under subsection (3), it ceases to have effect. (5) The Statutory Instruments Act 1992, sections 50 and 51 apply to a survey standard as if it were subordinate legislation. 10 Public access to survey standards and survey guidelines (1) The chief executive must publish on a government website a copy of— (a) each survey standard or survey guideline made under this part; and (b) each document applied, adopted or incorporated by the survey standard or survey guideline. (2) The chief executive must also keep a copy of each document mentioned in subsection (1) at the department's head office. (3) The chief executive must make the documents mentioned in subsection (1) available for inspection on a government website, and at the department's head office, free of charge. 11 Inconsistencies between survey standards and survey guidelines If there is an inconsistency between a survey standard and a survey guideline, the survey standard prevails to the extent of the inconsistency. 12 Regulation may make provision about survey standard and survey guideline matters (1) A regulation may make provision about anything for which provision may be made by a survey standard or survey guideline. (2) If there is an inconsistency between a regulation and a survey standard or survey guideline, the regulation prevails to the extent of the inconsistency. Part 3 Carrying out surveys Division 1 Obligations of surveyors, surveying associates and surveying graduates 13 Compliance with survey standards (1) A surveyor, surveying associate or surveying graduate must comply with each relevant survey standard in carrying out a survey, unless the person has a reasonable excuse. (2) If a person contravenes subsection (1)— (a) the chief executive may refer the matter to the surveyors board; or (b) for a contravention by a surveyor— (i) the chief executive, instead of acting under paragraph (a), may take action under division 5; or (ii) the registrar of titles may take action under division 5. (3) However, this section does not apply to a person to the extent the person is exempted from complying with a survey standard under division 2. (4) In this section— relevant survey standard, for a survey, means a survey standard applying to— (a) the area in which the survey is being carried out; and (b) the type of survey being carried out. 14 How to comply with survey standards A surveyor, surveying associate or surveying graduate may comply with a survey standard by adopting and following— (a) the ways stated in a survey guideline for complying with the survey standard; or (b) other ways that achieve an equal or better level of compliance. 15 Obligation on person placing permanent survey mark (1) This section applies if a surveyor, surveying associate or surveying graduate places a permanent survey mark in carrying out a survey other than a State survey. (2) The person responsible for preparing the plan of survey must, as required under subsection (3), give the chief executive a copy of the plan of survey in the approved form (a permanent survey mark plan), unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (3) The copy of the permanent survey mark plan must be given to the chief executive— (a) if, before the end of 40 days after the mark is placed, the person gives the chief executive a copy of a plan of survey under section 16 or lodges the plan in the land registry—at the same time as the person gives the copy of the plan of survey to the chief executive or lodges the plan in the land registry; or (b) if paragraph (a) does not apply—within 40 business days after the mark is placed. 16 Obligation on cadastral surveyor (1) A cadastral surveyor must, within 40 business days after placing a survey mark in carrying out a cadastral survey, or supervising the placement of the mark, give the chief executive a copy of the plan of survey complying with subsection (3), unless the surveyor has a reasonable excuse. Maximum penalty—20 penalty units. (2) However, subsection (1) does not apply if, within 40 business days of placing or supervising the placement of a survey mark, the cadastral surveyor lodges a copy of the plan of survey in the land registry. (3) If a recognised permanent survey mark was used as a reference point in carrying out the survey, the plan of survey must show the relationship between the cadastral survey and the recognised permanent survey mark. 17 Resolving inconsistencies between plans of survey (1) This section applies if— (a) there is an inconsistency in the identification of a boundary shown on 2 or more plans of survey registered, lodged for registration, or deposited, under the Land Act 1994 or Land Title Act 1994 or given to the chief executive under section 16; and (b) the surveyors responsible for carrying out the surveys are aware of the inconsistency. (2) The surveyors must make reasonable efforts to resolve the inconsistency. (3) If the surveyors fail to comply with subsection (2) or are not able to resolve the inconsistency, the relevant person may take the reasonable action the relevant person considers necessary to resolve the matter. (4) In this section— relevant person means— (a) for a plan of survey registered, lodged for registration, or deposited under the Land Act 1994 or the Land Title Act 1994—the registrar of titles; or (b) for a plan not mentioned in paragraph (a) and given to the chief executive under section 16—the chief executive. Division 2 Exemption from survey standard 18 Application for exemption (1) If a surveyor, surveying associate or surveying graduate reasonably believes it is impractical for the person to comply with a survey standard for a particular survey, the person may make written application to the chief executive for an exemption from all or part of the survey standard for the survey. (2) The application must— (a) state the provisions of the survey standard, and the survey, for which the exemption is sought; and (b) as briefly as possible, explain why the person believes it is impractical for the person to comply with the survey standard for the survey. 19 Decision on application (1) After considering the application, the chief executive may, by written notice given to the applicant— (a) give the exemption, with or without conditions; or (b) refuse to give the exemption. (2) If the chief executive decides to give the exemption on conditions or to refuse to give the exemption, the notice must also state the following— (a) the decision; (b) the reasons for the decision; (c) that the applicant may apply to the Minister for a review of the decision within 30 business days after the day the notice is given. 20 Review of decision (1) As soon as practicable after receiving an application for review of a decision under section 19(2)(c), the Minister must— (a) review the decision; and (b) decide to confirm, amend or set aside the decision; and (c) give written notice to the applicant of the Minister's decision and the reasons for it. (2) For section 13(3), the Minister's decision on the review is taken to be the chief executive's decision on the application for exemption. Division 3 Surveyors' powers 21 Power to place a permanent survey mark (1) A surveyor may place a permanent survey mark on land that is— (a) unallocated State land; or (b) vested in, or under the control of, the State; or (c) a road. (2) A surveyor may place a permanent survey mark on the following land if its owner or occupier consents to the placement of the mark— (a) freehold land; (b) land subject to any of the following tenures— (i) a lease, licence or permit under the Land Act 1994; (ii) an exploration permit, mining claim, mineral development licence or mining lease under the Mineral Resources Act 1989; (iii) an authority to prospect or lease under the Petroleum Act 1923; (iv) a petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004; (v) a GHG tenure under the Greenhouse Gas Storage Act 2009; (vi) a geothermal tenure under the Geothermal Energy Act 2010. (3) In this section— freehold land includes indigenous land that is freehold land, and includes any part of the indigenous land that is subject to a lease or lesser interest. owner, for land mentioned in subsection (2)(b), means the holder of the relevant tenure. unallocated State land means unallocated State land under the Land Act 1994, schedule 6. 22 Power to enter places (1) Subject to section 23, a surveyor may enter a place mentioned in section 21(1) or (2) at any reasonable time for— (a) carrying out a survey; or (b) placing a permanent survey mark on the land. (2) Subsection (1) does not apply to a building or other structure where a person resides. 23 Surveyor's notice of entry (1) Before entering a place mentioned in section 21(2), a surveyor must do or make a reasonable attempt to do each of the following things— (a) identify himself or herself to a person present at the place who is an occupier of the place; (b) tell the person— (i) the purpose of the proposed entry; and (ii) that the surveyor is permitted under this Act to enter for the purpose. (2) For doing or attempting to do the things mentioned in subsection (1), the surveyor may, without the occupier's consent— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the surveyor reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. 24 General powers after entering places (1) After entering a place under section 22, a surveyor may— (a) carry out the survey for which the entry was made; and (b) place survey marks for the survey on the land; and (c) if authorised under section 21, place permanent survey marks on the land; and (d) inspect and maintain any recognised permanent survey mark on the land; and (e) take onto the place any person, equipment and materials the surveyor reasonably requires for exercising a power under this division. (2) However, if the place is land subject to a tenure mentioned in section 21(2)(b)(ii), (iii) or (iv), the surveyor must comply with any reasonable directions given by the holder of the tenure or occupier of the land in relation to operations or safety at the place. 25 Power to uncover buried survey mark (1) This section applies if a surveyor who is carrying out a survey reasonably believes a survey mark that is essential for carrying out the survey is buried under the surface of land. (2) Subject to subsection (3), the surveyor, or a person acting under the direction or authority of a surveyor (the other person), may take the action the surveyor reasonably considers necessary to uncover the mark. (3) The surveyor or other person— (a) must cause as little damage as possible in uncovering the mark; and (b) must not cause any permanent damage to any property on the land. 25A Special provision for taking of soil samples etc. for collecting relevant evidence (1) The chief executive may, for the purpose of making a declaration under section 83, 93, 109 or 120 about land of a type mentioned in section 21, direct a surveyor— (a) to take soil samples from the land; or (b) to acquire remotely sensed images or other information for the land, including by, from or using an aircraft, satellite or other device; or Example of another device— a remotely controlled device commonly known as a drone (c) to do any other thing on the land that may provide evidence of the location of a natural feature or other thing forming a boundary of the land. (2) Subject to the direction, the surveyor— (a) may enter the land and do the thing mentioned in the direction; and (b) in entering the land and doing the thing mentioned in the direction is subject to the same requirements as would apply under sections 21 to 24 in relation to the placing of a permanent survey mark on the land. (3) The surveyor— (a) must cause as little damage as possible in doing the thing mentioned in the direction; and (b) must not cause any permanent damage to any property on the land. Division 4 Other matters about the exercise of surveyors' powers 26 Notice of damage (1) This section applies if— (a) a surveyor damages property when exercising or purporting to exercise a power under division 3; or (b) a person acting under the direction or authority of a surveyor (the other person) exercising or purporting to exercise a power under division 3 damages property. (2) The surveyor must immediately repair or reinstate the property if it is possible. (3) If it is not possible to immediately repair or reinstate the property, the surveyor must immediately give notice of particulars of the damage to the person who appears to the surveyor to be the owner of the property. (4) If the surveyor believes the damage was caused by a latent defect in the property or circumstances beyond the surveyor's, or other person's, control, the surveyor may state the belief in the notice. (5) If, for any reason, it is impractical to comply with subsection (3), the surveyor must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (6) This section does not apply to damage the surveyor reasonably believes is trivial. (7) In this section— owner, of property, includes the person in possession or control of it. 27 Obstructing a surveyor (1) A person must not obstruct a surveyor in the exercise of a power under division 3, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (2) If a person obstructs a surveyor and the surveyor decides to proceed with the exercise of the power, the surveyor must warn the person that— (a) it is an offence to obstruct the surveyor, unless the person has a reasonable excuse; and (b) the surveyor considers the person's conduct an obstruction. (3) In this section— obstruct includes assault, hinder and threaten, and attempt to obstruct. Division 5 Correcting survey errors 28 Correcting survey errors (1) The chief executive may, if the procedure under sections 29 to 31 is followed, ask a surveyor who is responsible for a survey error made in a survey, for which a plan of survey has been lodged under an Act other than the Land Title Act 1994, to correct the error at the surveyor's expense. (2) The registrar of titles may ask a surveyor who is responsible for a survey error made in a survey for which a plan of survey has been lodged or deposited under an Act to correct the error at the surveyor's expense if— (a) for a plan of survey lodged or deposited under the Land Title Act 1994—the registrar can not correct the survey error under section 15 of that Act; and (b) the procedure under sections 29 to 31 is followed. 29 Show cause notice (1) Before asking a surveyor to correct a survey error, the chief executive or registrar of titles must give the surveyor a written notice (the show cause notice) stating the following— (a) that the person believes the surveyor has made a survey error that is capable of being corrected by the surveyor; (b) the facts and circumstances that are the basis for the belief; (c) that the person proposes giving the surveyor a notice (the correction notice) asking the surveyor, at the surveyor's expense, to correct the error; (d) that the surveyor may make, within a stated period, written submissions to show that the surveyor has not made a survey error that is capable of being corrected by the surveyor. (2) The stated period must end at least 20 business days after the show cause notice is given. 30 Considering submissions The chief executive or registrar of titles must consider any written submission made by the surveyor to the person within the period stated in the show cause notice. 31 Giving correction notice (1) If, after complying with section 30, the chief executive or registrar of titles still believes the surveyor has made a survey error that is capable of being corrected by the surveyor, the person may give the surveyor the correction notice. (2) The correction notice must be written and must state— (a) the error the person reasonably believes is capable of being corrected; and (b) the reasonable steps the surveyor must take to correct the error; and (c) a reasonable period, of at least 20 business days after it is given, in which the surveyor must take the steps. (3) If the surveyor does not comply with the correction notice, the person who gave the notice may refer the matter to the surveyors board. Division 6 Miscellaneous 32 Authority for cadastral surveyor to act for another in particular circumstances (1) A person who is or was a cadastral surveyor (the original surveyor) may, in writing, authorise another person who is a cadastral surveyor (an authorised surveyor) to take the action necessary to comply with any requirement about a relevant survey of the original surveyor made by— (a) the registering entity; or (b) for a plan of survey required for a purpose under the Mineral Resources Act 1989—a person acting under that Act. (2) The authorisation may be for— (a) a particular plan of survey stated in the authorisation; or (b) a stated period. (3) For subsection (2)(b), the authorisation may state it has effect until it is ended by the original surveyor. (4) As soon as practicable after giving the authorisation, the original surveyor must give a copy of it to the surveyors board. (5) If the original surveyor ends the authorisation, the surveyor must as soon as practicable give the surveyors board written notice of its ending. (6) Subsection (7) applies if— (a) a plan of survey has been lodged or deposited for registration; and (b) the chief executive reasonably believes the cadastral surveyor responsible for the survey's survey quality can not comply with a requirement about the plan. (7) The chief executive may ask the surveyors board to authorise another person who is a cadastral surveyor (also an authorised surveyor) to take the action necessary to comply with the requirement. (8) The authorisation given by the surveyors board must be written. (9) An authorised surveyor— (a) may take the action for which the person is authorised; and (b) must certify on the plan of survey to which the action relates that it has been taken under an authority under this section. (10) Despite any other law or practice, if an authorised surveyor gives the registering entity a copy of the person's authorisation, the registering entity must accept anything done by the authorised surveyor under subsection (9) as if it were done by the original surveyor. (11) In this section— registering entity, for a plan of survey, means the person responsible for registering the plan under a registration Act. registration means registration under a registration Act. registration Act means the Land Act 1994 or Land Title Act 1994. relevant survey, of an original surveyor, means a plan of survey for the survey quality of which the original surveyor is responsible. requirement, about a plan of survey, means— (a) a requisition or requirement made under a registration Act; or (b) a show cause notice or correction notice. Part 4 Survey marks Division 1 Establishing recognised permanent survey marks 33 State surveys (1) The chief executive may cause a survey of high precision, called the State control survey, to be carried out for establishing recognised permanent survey marks throughout the State. (2) In addition, the chief executive may cause another survey to be carried out in a particular part of the State for establishing recognised permanent survey marks in the part. 34 Chief executive may obtain information about survey marks placed other than in carrying out a State survey (1) If the chief executive reasonably considers a survey mark placed in carrying out a survey other than a State survey is of value for a survey and mapping infrastructure purpose, the chief executive may— (a) in writing, ask the relevant person, for— (i) a copy of the plan of survey in the approved form; or (ii) other information necessary to establish the survey mark as a recognised permanent survey mark; or (b) cause a survey to be carried out for establishing the survey mark as a recognised permanent survey mark. (2) Subsection (1)(a)(i) does not apply if the person has given the chief executive a copy of the plan of survey under section 15 or 16. (3) The relevant person must comply with a request made under subsection (1)(a) within the reasonable period stated in the request, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—20 penalty units. (4) In this section— relevant person means— (a) if paragraph (b) does not apply—the surveyor, surveying associate or surveying graduate who placed the survey mark; or (b) if the mark was placed by a surveying associate or surveying graduate under a surveyor's supervision—the surveyor; or (c) if the mark was placed by or for a public authority—the public authority. 35 Establishing survey marks as recognised permanent survey marks (1) The chief executive must establish each permanent survey mark placed in carrying out a survey as a recognised permanent survey mark. (2) If the chief executive reasonably considers another survey mark placed in carrying out a survey is suitable as a recognised permanent survey mark, the chief executive may establish the survey mark as a recognised permanent survey mark. (3) A survey mark is established as a recognised permanent survey mark by the chief executive— (a) recording each of the following details about the mark in the survey control register— (i) the mark's unique identifying number; (ii) a plan or other information identifying the mark's location; (iii) a brief description of the mark; (iv) the name of the surveyor, surveying associate, surveying graduate or public authority who placed the mark; (v) the date when the mark was placed; and (b) classifying the mark as a recognised permanent survey mark in the register. 36 Removing or changing classification of recognised permanent survey mark If the chief executive considers a recognised permanent survey mark is no longer suitable as a recognised permanent survey mark, the chief executive may remove or change the classification given to the mark under section 35(3)(b). Division 2 Maintaining recognised permanent survey marks 37 Responsibility for recognised permanent survey marks placed in carrying out State surveys The chief executive is responsible for maintaining the physical integrity of a recognised permanent survey mark placed in carrying out a State survey. 38 Responsibility for recognised permanent survey marks on State-controlled roads (1) Subject to section 37, if a recognised permanent survey mark is on a State-controlled road, the department whose chief executive may, under the Transport Infrastructure Act 1994, section 28, exercise powers for the road is responsible for— (a) maintaining the physical integrity of the survey mark; and (b) giving the chief executive updated information about the survey mark for the survey control register. (2) In this section— State-controlled road means a road or land, or part of a road or land, declared under the Transport Infrastructure Act 1994 to be a State-controlled road. 39 Responsibility for recognised permanent survey marks on local government controlled roads Subject to section 37, if a recognised permanent survey mark is on a road under the control of a local government, the local government is responsible for— (a) maintaining the physical integrity of the survey mark; and (b) giving the chief executive updated information about the survey mark for the survey control register. 40 Responsibility for recognised permanent survey marks on land, other than roads, controlled by a public authority Subject to section 37, if a recognised permanent survey mark is on land, other than a road, under the control of a public authority, the public authority is responsible for— (a) maintaining the physical integrity of the survey mark; and (b) for a public authority other than the department—giving the chief executive updated information about the survey mark for the survey control register. 41 Notifying public authority about responsibility for recognised permanent survey marks The chief executive must give each public authority, other than the department, that is responsible under section 38, 39 or 40 for maintaining a recognised permanent survey mark— (a) a written notice informing the public authority of its responsibility under the section for the mark; and (b) a copy of the current information about the mark recorded in the survey control register. Division 3 Interfering with survey marks 42 Offence about interfering with survey mark (1) A person must not interfere with a survey mark the existence of which the person knows or ought reasonably to know, unless— (a) for a cadastral survey mark for a boundary—the person interferes with the mark in order to erect a fence, wall or other permanent structure along the boundary; or (b) for a recognised permanent survey mark—the person interferes with the mark under an authority given under section 43; or (c) for a mark other than a recognised permanent survey mark—the person, before interfering with the mark— (i) causes a survey to be carried out to establish the relationship between the mark and at least 2 recognised permanent survey marks; and (ii) gives the chief executive a copy of the plan of survey; or (d) the person has a reasonable excuse. Maximum penalty—100 penalty units. (2) It is not a reasonable excuse for a person to interfere with a survey mark if the person could have obtained, but did not seek, an authority under section 43 for the interference. 43 Authority to interfere with recognised permanent survey mark (1) A person may apply to the chief executive for authority to interfere with a recognised permanent survey mark. (2) The chief executive may— (a) give the authority, with or without conditions; or (b) refuse to give the authority. (3) If the chief executive gives the authority on conditions or refuses to give the authority, the chief executive must give the applicant a written notice stating the following— (a) the decision; (b) the reasons for the decision; (c) that the applicant may apply to the Minister for a review of the decision within 30 business days after the day the notice is given. (4) As soon as practicable after receiving an application under subsection (3)(c), the Minister must— (a) review the chief executive's decision; and (b) decide to confirm, amend or set aside the chief executive's decision; and (c) give written notice to the applicant about the Minister's decision and the reasons for it. (5) For section 42(1)(b), the Minister's decision on the review is taken to be the chief executive's decision about the authority. 44 Reinstating recognised permanent survey mark (1) If a person interferes with a recognised permanent survey mark in contravention of section 42, the chief executive or public authority responsible under division 2 for maintaining the mark may take the action reasonably necessary to reinstate the mark's physical and survey integrity. (2) The costs reasonably incurred by the chief executive or a department in reinstating the mark are a debt payable by the person to the State. (3) The costs reasonably incurred by another public authority in reinstating the mark are a debt payable by the person to the public authority. (4) If the person is convicted of an offence against section 42, the court may, as well as imposing a penalty for the offence, order the person to pay the amount of the costs to the State or public authority under subsection (2) or (3). Division 4 Miscellaneous 45 Reporting and recording changes in recognised permanent survey mark (1) This section applies if a surveyor, surveying associate or surveying graduate becomes aware of— (a) an apparent irregularity in information recorded in the survey control register for a recognised permanent survey mark; or (b) the disrepair, destruction or removal of a recognised permanent survey mark. Example of an apparent irregularity for subsection (1)(a)— Observations made by the surveyor relating to the recognised permanent survey mark differ from the information recorded for the mark in the survey control register. (2) As soon as practicable after becoming aware of a matter mentioned in subsection (1), the person must give the chief executive written notice of the matter. (3) The chief executive must record details of the matter in the survey control register. Part 5 Recording survey and mapping information Division 1 State datasets Subdivision 1 State digital cadastral dataset 46 State digital cadastral dataset (1) The chief executive must keep a dataset (the State digital cadastral dataset) comprising— (a) a digital graphic representation of each parcel of land in the State; and (b) the following current details about each parcel of land mentioned in paragraph (a)— (i) a unique description of the land, including, for example, its real property description; (ii) the approximate coordinates for the corners of the parcel; and (c) a digital graphic representation of— (i) roads; and (ii) natural features forming a boundary of land; and (d) the approximate coordinates of the roads and natural features mentioned in paragraph (c). (2) The chief executive may, without fee, obtain information necessary to update and improve the dataset from the land registry. (3) Subsection (2) does not limit the sources from which the chief executive may obtain information for updating the dataset. (4) Subsection (1)(a) and (b) do not apply to a parcel of land shown on a building format or volumetric format plan of survey. (5) In this section— building format plan of survey means a plan of survey that defines land using the structural elements of a building, including, for example, floors, walls and ceilings. structural elements, of a building, includes projections of, and references to, structural elements of the building. Example— Projections might be used to define a lot that includes a balcony, courtyard, roof garden or other area not bounded, or completely bounded, by a floor, walls and a ceiling. volumetric format means a plan of survey that defines land using 3 dimensionally located points to identify the position, shape and dimensions of each bounding surface. 47 Effect and use of information in State digital cadastral dataset (1) The recording, in the State digital cadastral dataset, of information about a parcel of land does not create or affect an interest in the land. (2) If the information in the dataset is inconsistent with information recorded or noted in the land registry, the information recorded or noted in the land registry prevails to the extent of the inconsistency. (3) Information recorded by a public authority, other than in the land registry, about the coordinates of land boundaries must be consistent with the dataset. Subdivision 2 Other State datasets 48 Administrative area boundary dataset The chief executive must keep a dataset (the administrative area boundary dataset) of information— (a) given to the chief executive under section 49; or (b) otherwise obtained by the chief executive about an administrative area boundary. 49 Public authority may give chief executive information about administrative area boundaries A public authority may give the chief executive information about the boundaries of an administrative area for recording in the administrative area boundary dataset. 50 State remotely sensed image library The chief executive must keep a library (the State remotely sensed image library) containing the remotely sensed images of land and coastal waters of the State the chief executive considers are of value for— (a) a survey and mapping infrastructure purpose; or (b) defining an administrative area, or describing or working out an administrative area boundary. 51 Survey control register (1) The chief executive must keep a register (the survey control register) for recording information about survey marks obtained by the chief executive under this Act. (2) In addition to the details recorded under section 35(3), the register must contain, for each recognised permanent survey mark— (a) the details recorded under section 45(3); and (b) information about the survey mark taken, under section 139, to form part of the register; and (c) updated information about the survey mark given to the chief executive under sections 38 to 40. (3) The register may also contain other information about a survey mark— (a) given to the chief executive for recording in the register; or (b) that the chief executive considers is of value for a survey and mapping infrastructure purpose, including, for example, the integration of survey and mapping information. 52 Other datasets The chief executive may keep another dataset for a survey and mapping infrastructure purpose and publish information about the dataset on a government website. Subdivision 3 Other provisions about State datasets 53 Chief executive may arrange for another entity to keep a State dataset The chief executive may enter into an arrangement with another entity to— (a) keep a State dataset for the chief executive; and (b) provide access by persons to the information contained in the dataset. 54 Access to information in State datasets (1) A person may— (a) on payment of any fee decided by the chief executive, inspect the information contained in the publicly available part of a State dataset held in the department; and (b) on payment of the fee decided by the chief executive, or under an agreement entered into between the person and the chief executive, obtain a copy of all or part of the information from the chief executive. (2) If a State dataset is kept by an entity under section 53, a person may— (a) on payment of any fee decided by the entity, inspect the information contained in the publicly available part of the dataset; and (b) on payment of the fee decided by the entity, or under an agreement entered into between the person and the entity, obtain a copy of all or part of the information from the entity. Division 2 Obligations of persons to provide information and data for survey and mapping infrastructure purposes 55 Surveyor's obligation (1) If a surveyor intends carrying out a survey the surveyor considers, or should reasonably consider, is of value for a survey and mapping infrastructure purpose, the surveyor must give the chief executive written notice— (a) stating the surveyor's intention to carry out the survey; and (b) asking the chief executive for advice about— (i) any specifications for the survey required by the chief executive for a survey and mapping infrastructure purpose (the required specifications); and (ii) any contribution the chief executive agrees to make towards the cost of the survey (the agreed contribution); and (c) stating enough information about the survey to enable the chief executive to make a decision about the required specifications and agreed contribution. (2) As soon as practicable after receiving the notice, the chief executive must, in writing, give the surveyor the advice requested. (3) The surveyor must comply with the required specifications in carrying out the survey. (4) If the surveyor complies with the required specifications in carrying out the survey, the chief executive must make the agreed contribution for the survey. 56 Public authority's obligation (1) If the chief executive reasonably considers a public authority holds information or data that is of value for a survey and mapping infrastructure purpose, the chief executive may, in writing, ask the public authority for a copy of the information or data. (2) The public authority must, on payment by the chief executive of the fee decided by the public authority for the copy, give the copy to the chief executive. Part 6 Administrative areas Division 1 Defining administrative areas 57 Ways of defining an administrative area (1) An administrative area must be defined in 1 or more of the following ways— (a) by delineating its boundaries on a plan in a distinctive way, including, for example, by using symbols, colouring or hachuring; (b) by describing its boundaries by reference to 1 or more of the following— (i) lines described by length and bearing referenced to a stated datum; (ii) a natural or other suitable feature; (iii) the real property description of land adjoining the area; (iv) parish, county or locality boundaries; (v) boundaries shown on a plan of survey lodged under the Land Act 1994 or Land Title Act 1994; (vi) the coordinates, taken from the State digital cadastral dataset, of the corners and bends of the area; (vii) metes and bounds; (viii) the area or boundary of another administrative area defined under this subsection; (c) by listing the real property descriptions of land comprising the area; (d) another way, approved by the chief executive, as appropriate for defining the area. (2) The definition of an administrative area other than under subsection (1) does not affect the validity of the area's establishment. Division 2 Working out administrative area boundaries 58 Application of div 2 (1) This division applies to— (a) the description of an administrative area boundary in an instrument establishing or changing the area; and (b) the delineation of an administrative area boundary on a plan. (2) However, this division does not apply if a contrary intention appears in— (a) the instrument or plan; or (b) the law under which the instrument or plan is made. 59 Meaning of particular words used in describing an administrative area boundary (1) In the description of an administrative area boundary— bank means— (a) for a watercourse, the line— (i) along the outer limits of the defined channel of the watercourse; and (ii) following the highest points of land in the channel that are covered by the watercourse water, whether permanently or intermittently; and (b) for a lake, the line— (i) along the outer limits of the depression of the lake; and (ii) following the highest points of land in the depression that are covered by the lake water, whether permanently or intermittently. bed, of a watercourse, means the land that is— (a) alternately covered or left bare as the water of the watercourse increases or diminishes; and (b) adequate to contain the water at its average flow without reference to extreme droughts or extraordinary freshets during floods. high-water mark means the ordinary high-water mark at spring tides. lake includes a lagoon, swamp, marsh, or other natural collection of water, whether permanent or intermittent, and not contained in an artificial work. low-water mark means the ordinary low-water mark at spring tides. tidal watercourse means the part of a watercourse in which the tide ebbs and flows. watercourse means a river, creek or stream in which water flows, whether permanently or intermittently, in— (a) a natural channel, whether or not artificially improved; or (b) an artificial channel that has changed the course of the watercourse. (2) To remove any doubt, it is declared that definitions in this section apply only in the context of administrative area boundaries, and do not affect the meaning of words used in this Act other than in this part. 60 References to features forming part of an administrative area boundary In the description of an administrative area boundary— (a) a reference to the left or right bank of a watercourse is a reference to the left or right bank when facing downstream; and (b) a reference to a dam is a reference to the line— (i) along the outer limits of the dam; and (ii) following the highest points of land covered by the dam water at full supply level; and (c) a reference to a mountain, mountain range, hill, or similar natural feature is a reference to the feature's watershed; and (d) a reference to a natural feature having a high-water mark is a reference to the high-water mark; and Example of natural feature having a high-water mark— bay, inlet, harbour, gulf, shore or coast (e) a reference to a tidal lake or watercourse is a reference to the high-water mark along the lake or watercourse; and (f) a reference to a non-tidal lake is a reference to the bank of the lake; and (g) a reference to a non-tidal watercourse is a reference to the line along the middle of the bed of the watercourse; and (h) a reference to a railway or road is a reference to the centre line of the railway or road. 61 Working out an administrative area boundary shown on a plan On a plan, the boundary of an administrative area marked— (a) along the line of a coast, harbour, tidal watercourse or tidal lake, is the high-water mark along the coast, harbour, watercourse or lake; or (b) along and within— (i) the banks of a non-tidal watercourse; or (ii) the boundaries of a road or railway; is the line along the middle of the bed of the watercourse, or the centre line of the road or railway; or (c) along a watercourse, road or railway shown by a single line, is the line along the middle of the bed of the watercourse, or the centre line of the road or railway; or (d) along but to 1 side of a non-tidal watercourse, or a road or railway, is— (i) for a watercourse—the bank of the watercourse nearer to the marked boundary; or (ii) for a road or railway—the boundary of the road or railway nearer to the marked boundary. Part 7 Tidal and non-tidal boundaries and associated matters Division 1 Preliminary 62 Definitions for part In this part— ambulatory boundary principles means the principles applying under, and the operation generally of, the general law relating to boundaries of land bounded by water, whether tidal or non-tidal, and in particular the general law relating to— (a) the change to the location at law of a boundary, having regard to any shift or modification over time of the feature constituting the boundary, by gradual and imperceptible degrees; and (b) the absence of change to the location at law of a boundary, having regard to any shift or modification of the feature constituting the boundary that is not gradual and imperceptible, including, for example, a shift or modification caused by a flood or storm or another rapidly occurring natural process, or by substantial modification of land through human activity. associated material, for a plan of survey, means— (a) anything that records, whether on the plan of survey, in field notes accompanying the plan of survey or anywhere else, any aspect of the survey the subject of the plan of survey, including any of the following— (i) a measurement or analysis, including an electronically produced measurement or analysis, made for, or in relation to, the survey; (ii) information about survey marks for the survey; or (b) directions and instructions applying to surveyors when the plan of survey is or was prepared. bar, in a watercourse, means a temporary accumulation of sediment— (a) that is within the bed of the watercourse; and (b) to which the following characteristics can generally be expected to apply— (i) it is formed during the recession of flows in the watercourse when sediment is deposited in the bed of the watercourse; (ii) it is a dynamic feature, being changed by flow events in the watercourse; (iii) because of its dynamic nature as mentioned in subparagraph (ii), its covering vegetation is immature, and not woody; (iv) it is made up of coarse materials, in particular, sand and gravel. bed and banks, of a lake, means the land that is normally covered by the water of the lake, whether permanently or intermittently, regardless of frequency, but does not include adjoining land from time to time covered in flood events. bench, in a watercourse, means a storage of sediment— (a) that is within the channel of the watercourse; and (b) to which the following characteristics can generally be expected to apply— (i) it is higher than the bed of the watercourse and bars in the watercourse, but lower than the level of either outer bank of the watercourse; (ii) it is formed through sediment deposition during flow events in the watercourse that are at or near the level of either outer bank; (iii) it is a reasonably flat sediment deposit, reasonably straight or gently curved as viewed from above, and at least partly consolidated by riparian vegetation; (iv) it may be distinguished from a floodplain because the deposits making up a floodplain are finer and more layered. boundary location criteria rule (non-tidal) provision means section 109. court means the Land Court. current adopted natural feature rule (non-tidal) exception provision means section 104. current adopted natural feature rule (non-tidal) provision means section 103. current adopted natural feature rule (tidal) provision means section 76. declaration decision means a decision mentioned in section 83(9)(b), 93(10)(b), 109(9)(b) or 120(9)(b). deposit, in relation to a plan of survey, means deposit under a registration Act. depositional feature, in relation to a watercourse, means a deposit of clay, sand or silt that is carried during flows of water in the watercourse. Examples— • mud deposited in cracks in rocks • sand deposits behind rocks drainage feature means a natural landscape feature, including a gully, drain, drainage depression or other erosion feature that— (a) is formed by the concentration of, or operates to confine or concentrate, overland flow water during and immediately after rainfall events; and (b) flows for only a short duration after a rainfall event, regardless of the frequency of flow events; and (c) commonly, does not have enough continuing flow to create a riverine environment. Example for paragraph (c)— There is commonly an absence of water favouring riparian vegetation. floodplain means an area of reasonably flat land adjacent to a watercourse that— (a) is covered from time to time by floodwater overflowing from the watercourse; and (b) does not, other than in an upper valley reach of the watercourse, confine floodwater to generally follow the path of the watercourse; and (c) has finer sediment deposits than the sediment deposits of any bench, bar or in-stream island in the watercourse. floodwater, in relation to a watercourse, means water that has overflowed the outer banks of the watercourse because of a flood event affecting the watercourse, and is on land near the watercourse. gradual change, of a natural feature, means any shift or modification over time of the natural feature, by gradual and imperceptible degrees. indigenous land means— (a) Aboriginal land under the Aboriginal Land Act 1991 or Torres Strait Islander land under the Torres Strait Islander Land Act 1991; or (b) land contained in a deed of grant in trust for a community purpose that is Aboriginal purposes or Torres Strait Islander purposes under the Land Act 1994; or (c) any of the following land in the county of Torres, parish of Umaga— (i) lot 48 on crown plan TS207; (ii) lot 1 on crown plan 846896; (iii) lot 55 on crown plan 846896. in-stream island, in a watercourse, means a storage of sediment— (a) that is within the channel of the watercourse; and (b) to which the following characteristics can generally be expected to apply— (i) it is formed by processes within the watercourse; (ii) its crest is not higher than either outer bank of the watercourse; (iii) it is a dynamic feature, being changed by flow events in the watercourse; (iv) it is made up of coarse materials, in particular, sand and gravel. intermittent, in relation to the flow of water in a watercourse or the collection of water in a lake, includes variable, having regard to seasonal variations, and to year by year variability of seasons. lake includes— (a) a lagoon, swamp or other natural collection of water, whether permanent or intermittent; and (b) the bed and banks of the lake, and any other element of the lake confining or containing the water of the lake. Land Title Act compensation provisions means the Land Title Act 1994, sections 188 and 188A. lessee means a person who is registered in the land registry as the holder of a lease from the State. lodge means lodge under a registration Act. multiple lot declaration (non-tidal) see section 120(1). multiple lot declaration (non-tidal) provision means section 120. multiple lot declaration (tidal) see section 93(1). multiple lot declaration (tidal) provision means section 93. new plan of survey means a plan of survey registered after the commencement of this definition. new source material means source material that comes into force after the commencement of this definition. non-tidal boundary means— (a) a non-tidal boundary (lake); or (b) a non-tidal boundary (watercourse). non-tidal boundary (lake) see section 99(1). non-tidal boundary (watercourse) see section 99(2). non-tidal boundary (watercourse) location criteria means the criteria stated in section 100. old plan of survey means a plan of survey registered, or otherwise recorded or recognised by the State as an authoritative instrument relating to land boundaries, before the commencement of this definition. original adopted natural feature rule (tidal) provision means section 80. outer bank, of a watercourse, means a line or feature that is an outer bank of the watercourse under the Water Act 2000. overland flow water see the Water Act 2000, schedule 4. plan of survey includes a plan of subdivision under a registration Act. Property Law Act relief provisions means the Property Law Act 1974, part 11. public interest includes the cultural, environmental, heritage, land protection, planning, recreational, social and strategic interests of the public. register means register under a registration Act. registered owner, in relation to land that is freehold land, means the person recorded in the freehold land register as the person entitled to the fee simple interest in the land. registration Act means the Land Act 1994 or the Land Title Act 1994, and if the context permits, includes an Act directly or indirectly superseded by the Land Act 1994 or the Land Title Act 1994. relevant evidence, in relation to making a declaration under section 83, 93, 109 or 120 about the location of a boundary, means evidence relevant to identifying the location of the boundary, including, for example, the following evidence about a natural feature relevant to identifying the location of the boundary— (a) evidence about the history of the location of the natural feature that is reasonably available to the chief executive; (b) if soil samples, images or other material is obtained under section 25A in relation to the last known location of the natural feature—the findings arising from the analysis of the samples, images or material. review decision see section 125(1). review notice day see section 125(3)(a). right line boundary, of land, means a boundary of the land to which all of the following apply— (a) the boundary is represented, or, having regard to the source material for the land, would be represented, on a plan of survey for the land as a straight line or series of straight lines; (b) the boundary's location is fixed; (c) the boundary's location is marked on the ground, or, having regard to the source material for the land, would be marked on the ground, by the placement of survey marks that— (i) delineate the boundary; or (ii) allow the location of the boundary to be worked out by reference to them; or (iii) are a combination of subparagraphs (i) and (ii). scour mark, in relation to a watercourse, means— (a) a mark made by the sweeping action of suspended sediments in water during flows in the watercourse; or (b) a mark that can be identified by weathering stains, or the absence of lichens, on erosion-resistant surfaces of a bank of the watercourse. Example of an erosion-resistant surface— rock second exception for the original adopted natural feature rule (tidal) provision (applied criteria exception) means section 82. single lot declaration (non-tidal) see section 109(1). single lot declaration (tidal) see section 83(1). source material, for land, means any instrument forming the origin of the land's identity for the system of land titling or land administration in place in the State under the registration Acts. Examples of what is and what is not source material— 1 For freehold land, the most significant source material would ordinarily be the most recently issued deed of grant that granted the land in fee simple. A subsequently issued certificate of title under the Land Title Act 1994 following a subdivision or resurvey of all or part of the freehold land would not ordinarily be source material for the land or a part of the land. 2 A map, plan of survey or other instrument that is contemporaneous with the deed of grant mentioned in example 1 could also be source material if, for example, it is at law justifiable to have recourse to it to better interpret the deed of grant. A subsequent plan of subdivision following a subdivision or resurvey of all or part of the freehold land would not ordinarily be source material for the land or a part of the land. 3 For a road or reserve under the Land Act 1994, the most significant source material would ordinarily be the instrument under which the road or reserve is dedicated. Source material could also include a map or a plan of survey that is contemporaneous with the dedication of the road or reserve. 4 For land that is the subject of a lease, licence or permit under the Land Act 1994, the most significant source material would ordinarily be the instrument of lease, licence or permit. Source material could also include an entry in a register relating to the identity of the land before the grant of the lease, licence or permit, and a map or a plan of survey that is contemporaneous with the grant of the lease, licence or permit or the making of the entry in the register. specified tidal boundary see section 71.